What Does This Crime Involve?
Fraud is one of the most common crimes, which can occur in both traditional and digital forms. In Poland, fraud is regulated by Article 286 of the Penal Code, which details actions aimed at obtaining financial benefits by deceiving another person. In this article, we will take a closer look at this crime, its characteristics, and the penalty that the perpetrator faces.
What is Fraud?
Fraud, according to Article 286 of the Penal Code, is a crime that involves leading another person to dispose of their property (such as money or material goods) to their disadvantage, by deceiving them. Any actions aimed at gaining financial benefits through manipulation, document forgery, internet fraud, or other dishonest methods fall under the definition of fraud.
Fraud can take various forms, both offline (e.g., forging signatures, misleading business transactions) and online (e.g., data theft or identity theft on the internet).
Who is the Perpetrator of Fraud?
A fraud perpetrator can be anyone who acts with the aim of obtaining financial benefits by deceiving another person. This could be someone who manipulates facts, forges documents, or uses other dishonest techniques to commit fraud. The perpetrator of fraud is often motivated by the desire for quick profit, exploiting the victim’s weaknesses – whether through phishing or other online fraud schemes, such as the „Nigerian scam.”
What Are the Forms of Computer Fraud?
In the context of cybercrime, computer fraud can take different forms. The most common types include:
- Phishing – the act of stealing confidential data (logins, passwords, personal information) through fake emails or websites.
- Skimming – copying payment card data using special devices.
- Online transaction forgery – for example, selling non-existent products on the internet or offering services that will never be provided.
- Ransomware – software that demands a ransom in exchange for unlocking access to data.
Which Devices Can Be Used to Commit Fraud?
In the context of computer fraud, the perpetrator can use:
- Computers and laptops
- Smartphones, tablets
- Internet networks and servers
- Mobile applications and websites
All of these devices enable fraud to be committed, either by directly manipulating data or falsifying information to gain financial benefits.
What Penalty Does Fraud Carry?
For committing fraud, under Article 286 of the Penal Code, the penalty can range from 6 months to 8 years of imprisonment. In the case of internet fraud, the penalty may be even higher, especially if the victim is a large number of people or a business.
Additionally, the court may impose a duty on the perpetrator to compensate for the damage caused, which may include returning the defrauded funds as well as paying compensation to the victim.
Examples of Computer Fraud from Case Law
- Fake Investment Offers The perpetrator created a fake website offering „easy money” through investments in cryptocurrencies. After the victims deposited funds, the website disappeared, and the perpetrator kept the money.
- Bank Phishing The perpetrator sent emails pretending to be from a bank, encouraging victims to click on a link and log in to a fake website. This allowed the perpetrator to obtain the victims’ bank login details and withdraw money from their accounts.
- Selling Non-Existent Goods The perpetrator created a website offering products at attractive prices. Customers who paid money never received the goods they ordered, and the website disappeared.
Defending Against Fraud Charges
Defendants may attempt to defend themselves by pointing out:
- Lack of intent to commit fraud – arguing that they did not intend to deceive the other person.
- Lack of awareness of the illegality of their actions – when the defendant claims they were unaware that their actions were illegal.
- System error – in some cases, it may be argued that the fraud resulted from system or technological errors.
How to Avoid Computer Fraud?
- Only use secure websites and applications.
- Regularly update security software.
- Use strong passwords and do not share them with third parties.
- Be cautious of suspicious emails and messages requesting personal data.
Conclusion
Fraud is a serious crime that has taken on a new dimension in the digital age. According to Article 286 of the Penal Code, perpetrators of computer fraud can face severe consequences, including lengthy prison sentences. Given the frequency of this crime, it is important to be aware of potential threats and protect your personal data and finances online.
Status as of: February 15, 2022
Cyberlaw by Judyta 